Va. Code Ann. § 18.2-461

It shall be unlawful for any person (i) to knowingly give a false report as to the commission of any crime to any law-enforcement official with intent to mislead, or (ii) without just cause and with intent to interfere with the operations of any law-enforcement official, to call or summon any law-enforcement official by telephone or other means, including engagement or activation of an automatic emergency alarm. Violation of the provisions of this section shall be punishable as a Class 1 misdemeanor.

It shall be unlawful for any person(i) to knowingly give a false report as to the commission of any crime to any law-enforcement official with intent to mislead, or(ii) without just cause and with intent to interfere with the operations of any law-enforcement official, to call or summon any law-enforcement official by telephone or other means, including engagement or activation of an automatic emergency alarm.

Have you been charged with Virginia Code 18.2-57 and wondering what the punishment is in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with Virginia Code 18.2-57 and wondering what the punishment is in Virginia?

Don’t risk going to court without a lawyer, if you have been charged with Virginia Code 18.2-57 and wondering what the punishment is in Virginia. Contact our law firm for help and speak with a lawyer today.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Rutherford v. Commonwealth

Facts:

Appellant, convicted by the Circuit Court of Loudoun, Virginia, of assaulting a police officer, appealed contending that what the trial judge answered a jury question in a manner that was inconsistent with the specific intent requirement of the assault statute under which he was convicted.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

What Is Virginia Code 18.2-57 And The Punishment Lawyers Assaulting Officer

Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 18.2-57(C) does not require proof that the accused intentionally selected the victim as does a violation of Va. Code Ann. § 18.2-57(A), (B). A person violates § 18.2-57(C) if he commits an assault or an assault and battery against another person, knowing or having reason to know that the other person is a law enforcement officer engaged in the performance of his public duties. Nothing in the language of § 18.2-57(C) indicates a desire by the legislature to mitigate the offense if an officer is accidentally assaulted by the accused striking out in general.

Under Va. Code Ann. § 18.2-57(B), punishment for assault and battery is enhanced if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Green v. Commonwealth

Facts:

Defendant sought review of a decision of the Circuit Court of Fairfax (Virginia State), which convicted him of assault and battery of a family or household member, third or subsequent offense, in violation of Va. Code Ann. § 18.2-57.2. On appeal, he contended that the evidence was insufficient for his domestic assault conviction and that the trial court erroneously disallowed the testimony of a witness he called..

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 18.2-57.2 punishes as a Class 6 felony any act of simple assault or assault and battery against a family or household member where it is proved the defendant had two or more prior convictions for assault and battery of a family member within a period of 20 years. The statute does not alter the common law definition of assault and battery.

A common law assault occurs when an assailant engages in an overt act intended to inflict bodily harm and has the present ability to inflict such harm or engages in an overt act intended to place the victim in fear or apprehension of bodily harm and creates such reasonable fear or apprehension in the victim. Assault and battery is the least touching of another, willfully or in anger. A defendant does not have to intend to do harm; a battery may also be done in a spirit of rudeness or insult. The touching need not result in injury. A touching is not unlawful if the person consents or if the touching is justified or excused. An intentional touching which was not justified or excused is a battery.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Millen v. Commonwealth

Facts:

Defendant was convicted of three counts of possession with the intent to distribute a Schedule II controlled substance and one count of possession with the intent to distribute a Schedule III controlled substance. He challenged a judgment of the Circuit Court of Fairfax (Virginia), which denied his motions to suppress and to dismiss or consolidate the indictments for three counts of possession with the intent to distribute oxycodone. The trial court found that, because the Endocet tablets and the oxycodone tablets had different composition of pharmaceuticals and were found in two different pockets of appellant’s pants, those two charges were distinguishable. The trial court distinguished the liquid oxycodone based on the fact that it was found in a “separate location.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Possession Of Pharmaceuticals In Virginia Lawyers Intent Distribute

Holdings:

The Virginia Court made the following holding:

In enacting Va. Code Ann. § 18.2-248, the General Assembly declared it unlawful for any person to sell, or possess with intent to sell a controlled substance. Va. Code Ann. § 18.2-248(A). Va. Code Ann. § 18.2-248(C) prescribes the punishment for any person who violates Va. Code Ann. § 18.2-248 with respect to a controlled substance classified in Schedule I or II. The gravamen of the offense is clearly possession of the specified drug with the requisite intent. Thus, each distinguishable incident of the offending conduct constitutes a “unit of prosecution” for violation of the statute.

Have you been charged with unauthorized use of a vehicle in violation of Code 18.2-102 in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with unauthorized use of a vehicle in violation of Code 18.2-102 in Virginia?

For a lot of our clients, unauthorized use of a vehicle in violation of Code 18.2-102 can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court without a lawyer, if you have been charged with unauthorized use of a vehicle in violation of Code 18.2-102 in Virginia. Contact our law firm for help and speak with a lawyer today.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Greet v. Commonwealth

Facts:

Defendant sought review of a judgment from the Circuit Court of Fairfax (Virginia), which convicted him of unauthorized use of a motor vehicle in violation of Va. Code Ann. § 18.2-102..

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Virginia Unauthorized Use Of A Motor Vehicle Lawyer Possession

Holdings:

The Virginia Court made the following holding:

A defendant violates Va. Code Ann. § 18.2-102 when he knowingly exceeds the scope of his authorized use or continues to use the vehicle after the owner has withdrawn consent. When an owner consents to another person having temporary possession of the owner’s vehicle, but does not consent to its use beyond a designated period of possession, the statute is violated when such use continues without the owner’s consent and is accompanied by intent to temporarily deprive the owner of possession of the vehicle.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Georgina v. Commonwealth

Facts:

Defendant was convicted for the charge of felonious assault and battery of a law enforcement officer, in violation of Va. Code Ann. § 18.2-57(C), after a bench trial in the Circuit Court of Fairfax (Virginia) and she appealed.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Assault and battery requires proof of an overt act, or an attempt, with force and violence, to do physical injury to the person of another, whether from malice or from wantonness, together with the actual infliction of corporal hurt on another, willfully or in anger. It has long been the rule in Virginia that any touching by one of the person of another in rudeness or in anger is an assault and battery.

Holdings:

The Virginia Court made the following holding:

Reckless conduct proscribed in a firearm statute can be less culpable than the conduct necessary for involuntary manslaughter. However, it must be more than that necessary for ordinary negligence. Inadvertent acts of negligence without recklessness, while giving rise to civil liability, will not suffice to impose criminal liability. The culpable conduct necessary for reckless conduct falls between the criminal negligence necessary for involuntary manslaughter and ordinary negligence. As with willful conduct, reckless conduct requires an awareness that serious injury will likely result.

Have you been charged with public exposure in Virginia and you are wondering what the penalty is in VA and need a lawyer to defend you?

Are you concerned about the consequences of being charged with public exposure in Virginia and you are wondering what the penalty is in VA?

For a lot of our clients, a public exposure charge can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court without a lawyer, if you have been charged with public exposure in Virginia and you are wondering what the penalty is in VA. Contact our law firm for help and speak with a lawyer today.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Johnson Jr. v. Commonwealth

Facts:

Defendant challenged his conviction for indecent exposure, pursuant to Va. Code Ann. § 18.2-387 in the Circuit Court for Fairfax (Virginia). Defendant claimed the record did not support the conclusion that his conduct was obscene, as is defined in Va. Code Ann. § 18.2-372 (public exposure) and as required by Va. Code Ann. § 18.2-387.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Public Exposure Laws In Virginia Attorneys Violation Code 18.2-387

Holdings:

The Virginia Court made the following holding:

Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person shall be deemed to be in violation of this section for breastfeeding a child in any public place or any place where others are present.

While “private parts” can include the buttocks, Va. Code Ann. § 18.2-387 does not criminalize mere exposure of a naked body. Instead, a conviction under § 18.2-387 requires proof beyond a reasonable doubt of obscenity.

The “obscenity” element of Va. Code Ann. § 18.2-387 may be satisfied when: (1) the accused admits to possessing such intent; (2) the defendant is visibly aroused; (3) the defendant engages in masturbatory behavior; or (4) in other circumstances when the totality of the circumstances supports an inference that the accused had as his dominant purpose a prurient interest in sex.

Have you been charged with a Class 1 misdemeanor battery in Virginia and you are wondering what the penalty is in VA and need a lawyer to defend you?

Are you concerned about the consequences of being charged with a Class 1 misdemeanor battery in Virginia and you are wondering what the penalty is in VA?

For a lot of our clients, a Class 1 misdemeanor battery can result in the loss of their job, their security clearance etc.

Don’t risk going to court without a lawyer, if you have been charged with a Class 1 misdemeanor battery in Virginia and you are wondering what the penalty is in VA. Contact our law firm for help and speak with a lawyer today.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Woods v. Commonwealth

Facts:

Appellant assaulted and battered a special agent with the Virginia Department of Alcoholic Beverage Control (ABC). A jury of the Circuit Court of Fairfax (Virginia) convicted appellant of felony assault and battery of a law-enforcement officer, in violation of Va. Code Ann. § 18.2-57(C). Appellant sought review of the trial court’s decision. On appeal, appellant argued that the ABC agent was not a law-enforcement officer as defined under Va. Code Ann. § 18.2-57(E) and, he was, therefore, guilty of only simple assault and battery, a Class 1 misdemeanor pursuant to Va. Code Ann. § 18.2-57(A)..

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 18.2-57(C) makes it a Class 6 felony to commit an assault and battery against another knowing or having reason to know that such other person is a law-enforcement officer.

Because Virginia Department of Alcoholic Beverage Control (ABC) agents are not expressly included in the definition of a law-enforcement officer in Va. Code Ann. § 18.2-57(E) as a particular class of victim for purposes of enhanced punishment, Va. Code Ann. § 18.2-57(E) is inapplicable as to ABC agents..

Have you been charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA and need a lawyer to defend you?

Are you concerned about the consequences of being charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA?

For a lot of our clients, carrying a concealed weapon can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court without a lawyer, if you have been charged with carrying a concealed weapon in Virginia and you are wondering what the penalty is in VA. Contact our law firm for help and speak with a lawyer today.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Peterson v. Commonwealth

Facts:

After defendant pled guilty to carrying a concealed weapon, a misdemeanor offense in violation of Va. Code Ann. § 18.2-308, the Fairfax court deferred sentencing until the resolution of the related felony charge of violating Va. Code Ann. § 18.2-308.2. Defense counsel then moved to dismiss the felony indictment.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

A prosecution for offenses under both Va. Code § 18.2-308 (carrying a concealed weapon) and § 18.2-308.2 (convicted felon possessing a firearm) is valid because each charge possesses different, required elements in order to obtain a conviction. Va. Code § 19.2-294 does not bar the felony prosecution because both charges are distinct..